pacta sunt servanda vs. cooling off

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380093
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Hokkaido University
• Principal Investigator: IKEDA SEIJI 北海道大学, 法学(政治学)研究科(研究院), 教授 (20212772)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 契約の拘束力 / 撤回権 / 消費者契約 / 贈与

Outline of Final Research Achievements

This research aims to elaborate the reasons for the existence of a consumer's withdrawal rights (cooling off) in a consumer contract, and through this, clarify the grounds for binding effect of the contract. To do this, for the consumer's withdrawal right, we advance this consideration from a legal point of view, and also from an economical point of view, and compared it with the right to withdraw a donation, etc. We also examine sanctions imposed on a person who canceled a contract if the contract is canceled. We delivered our results by reporting in an international symposium (4th East Asia Civil Law Academic Symposium) which was held at the National Taiwan University in November 2014 (Taipei).

Free Research Field

民法